Appellate Division: Second Judicial Department

M256175

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2015-09679 Public Administrator of Kings County, etc., respondent, v Bedford Realty Group, LLC, appellant. (Index No. 17853/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered August 25, 2015. By order to show cause dated August 7, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Evelyn Walker, and vacating the order entered August 25, 2015, as a nullity, and the appellant's motion was held in abeyance in the interim

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal and vacate the order entered August 25, 2015, is granted, and the appeal is dismissed, without costs or disbursements, and the order entered August 25, 2015, is vacated (see CPLR 1015; Matter of Einstoss, 26 NY2d 181; JP Morgan Chase Bank, N.A. v Rosemberg, 90 AD3d 713); and it is further,

ORDERED that the appellant's motion is denied as academic.

LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court